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Biometrics, facial or emotion recognition in Chile: related rules

Identifying or verifying people by physical or behavioral traits, biometric categorization and emotion recognition. It is the most restricted use: bans in the EU and Peru, written consent in several US states and sensitive data across Latin America.

Risk classification

JurisdictionLevelDateNote
ChileData protectionDecember 1, 2026Law 21,719: biometric data is sensitive.

Obligations related to this use case

Data protection impact assessment

Law 21,719Ley 19.628 modificada por la Ley 21.719, art. 15 terAdopted, applies later

Applies from December 1, 2026

When it relates
If processing is likely to be high risk; always for profiling with significant effects, large-scale processing, systematic monitoring of public areas and sensitive data without consent.
What the rule provides
  • Carry out the assessment before processing starts.
  • Follow the list and minimum guidance the Agency publishes.
Typical evidence
  • Signed and dated assessment per system.
Verification
Verified in the official source on November 2, 2026Text and date checked in BCN LeyChile (published in the Official Gazette on Dec 13, 2024; first transitional article: effective on the first day of the 24th month after publication = Dec 1, 2026). Postponement: Bill 18.623-07 (filed Sept 1, 2026, proposing Dec 1, 2027) passed the Senate on Oct 28, 2026 (33 to 6) with a new date of Oct 15, 2027 and moved to the Chamber of Deputies (press sources: Emol, Pauta, Garrigues). Until it is published as law, the legal date remains Dec 1, 2026. Recheck before that date.

Specific notice when using biometric data

Law 21,719Ley 19.628 modificada por la Ley 21.719, art. 16 terAdopted, applies later

Applies from December 1, 2026

When it relates
If you use facial recognition, fingerprints, voice or other biometrics to identify people.
What the rule provides
  • Meet the conditions for sensitive data and disclose which biometric system is used, for what purpose and how long data is kept.
Typical evidence
  • Biometric notice given to individuals.
Verification
Verified in the official source on November 2, 2026Text and date checked in BCN LeyChile (published in the Official Gazette on Dec 13, 2024; first transitional article: effective on the first day of the 24th month after publication = Dec 1, 2026). Postponement: Bill 18.623-07 (filed Sept 1, 2026, proposing Dec 1, 2027) passed the Senate on Oct 28, 2026 (33 to 6) with a new date of Oct 15, 2027 and moved to the Chamber of Deputies (press sources: Emol, Pauta, Garrigues). Until it is published as law, the legal date remains Dec 1, 2026. Recheck before that date.

Related base documents

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